Woo v. American Honda Motor Co., Inc.

N.D. California

Woo v. American Honda Motor Co., Inc.

DecidedFebruary 27, 2020

Docket3:19-cv-07042

StatusUnknown

This text of Woo v. American Honda Motor Co., Inc. (Woo v. American Honda Motor Co., Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Woo v. American Honda Motor Co., Inc., (N.D. Cal. 2020).

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 TONY WOO, et al., Case No. 19-cv-07042-MMC 7 Plaintiffs, ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS; 8 V. VACATING HEARING 9 AMERICAN HONDA MOTOR CO., INC., 10 Defendant. 11 12 Before the Court is defendant's Motion to Dismiss, filed January 30, 2020,

2 13 || whereby defendant, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil © 0 14 Procedure, seeks dismissal of plaintiffs' initial complaint. On February 13, 2020, plaintiffs Oo 15 || filed a First Amended Complaint.

Q 16 A party may amend a pleading "once as a matter of course within . . . 21 days after Cc @ 17 || service of a responsive pleading or 21 days after service of a motion under Rule 12(b), 18 || (e), or (f), whichever is earlier." See Fed. R. Civ. P. 15(a)(1). "[A]n amended pleading 19 || supersedes the original, the latter being treated thereafter as non-existent." Bullen v. De 20 || Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied, 353 U.S. 947 (1957). 21 In the instant case, plaintiffs filed their First Amended Complaint within 21 days 22 || after service of defendant's motion to dismiss, and, consequently, were entitled to amend 23 || as of right. See Fed. R. Civ. P. 15(a)(1). 24 Accordingly, the Court hereby DENIES as moot defendant's motion to dismiss the 25 || initial complaint and VACATES the hearing scheduled for March 6, 2020. 26 IT IS SO ORDERED. 27 Dated: February 27, 2020 : INE M. CHESNEY 28 United States District Judge

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 TONY WOO, et al., Case No. 19-cv-07042-MMC 7 Plaintiffs, ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS; 8 V. VACATING HEARING 9 AMERICAN HONDA MOTOR CO., INC., 10 Defendant. 11 12 Before the Court is defendant's Motion to Dismiss, filed January 30, 2020,

2 13 || whereby defendant, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil © 0 14 Procedure, seeks dismissal of plaintiffs' initial complaint. On February 13, 2020, plaintiffs Oo 15 || filed a First Amended Complaint.

Q 16 A party may amend a pleading "once as a matter of course within . . . 21 days after Cc @ 17 || service of a responsive pleading or 21 days after service of a motion under Rule 12(b), 18 || (e), or (f), whichever is earlier." See Fed. R. Civ. P. 15(a)(1). "[A]n amended pleading 19 || supersedes the original, the latter being treated thereafter as non-existent." Bullen v. De 20 || Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied, 353 U.S. 947 (1957). 21 In the instant case, plaintiffs filed their First Amended Complaint within 21 days 22 || after service of defendant's motion to dismiss, and, consequently, were entitled to amend 23 || as of right. See Fed. R. Civ. P. 15(a)(1). 24 Accordingly, the Court hereby DENIES as moot defendant's motion to dismiss the 25 || initial complaint and VACATES the hearing scheduled for March 6, 2020. 26 IT IS SO ORDERED. 27 Dated: February 27, 2020 : INE M. CHESNEY 28 United States District Judge

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Woo v. American Honda Motor Co., Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/woo-v-american-honda-motor-co-inc-cand-2020.

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